HP1323, LD 1841, item 1, An Act To Correct Errors and Inconsistencies in the Laws of Maine

An Act To Correct Errors and Inconsistencies in the Laws of Maine

Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas, acts of this and previous Legislatures have resulted in certain technical errors and inconsistencies in the laws of Maine; and

Whereas, these errors and inconsistencies create uncertainties and confusion in interpreting legislative intent; and

Whereas, it is vitally necessary that these uncertainties and this confusion be resolved in order to prevent any injustice or hardship to the citizens of Maine; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

PART A

Sec. A-1. 3 MRSA §956, sub-§2, ¶N, as amended by PL 2013, c. 110, §3 and c. 307, §6, is repealed and the following enacted in its place:

N. A list of reports, applications and other similar paperwork required to be filed with the agency by the public. The list must include:

(1) The statutory authority for each filing requirement;

(2) The date each filing requirement was adopted or last amended by the agency;

(3) The frequency that filing is required;

(4) The number of filings received annually for the last 2 years and the number anticipated to be received annually for the next 2 years; and

(5) A description of the actions taken or contemplated by the agency to reduce filing requirements and paperwork duplication;

Sec. A-2. 5 MRSA §933, sub-§1, ¶O, as amended by PL 2013, c. 368, Pt. X, §1 and repealed by c. 405, Pt. A, §3, is repealed.

Sec. A-3. 5 MRSA §933, sub-§1, ¶P, as amended by PL 2013, c. 368, Pt. X, §2 and c. 405, Pt. A, §4, is repealed and the following enacted in its place:

P. Director, Division of Animal and Plant Health;

Sec. A-4. 5 MRSA §935, sub-§1, ¶D, as repealed by PL 2013, c. 405, Pt. A, §6 and amended by Pt. C, §2, is repealed.

Sec. A-5. 5 MRSA §1660-D, sub-§4, ¶D, as enacted by PL 1995, c. 402, Pt. C, §2, is amended to read:

D. Is not exclusively a health care facility within the meaning of Title 22, section 382, subsection 6.

Sec. A-6. 5 MRSA §12004-I, sub-§29-D, as enacted by PL 2007, c. 193, §5, is amended to read:

29-D.

Finance

Citizens' Code of Conduct Working Group

Not authorized

5 MRSA §1825-T

Sec. A-7. 5 MRSA §12004-I, sub-§74-F, as enacted by PL 2009, c. 353, §1, is repealed.

Sec. A-8. 5 MRSA §13070-J, sub-§1, ¶D, as amended by PL 2011, c. 573, §1, is further amended to read:

D. "Economic development incentive" means federal and state statutorily defined programs that receive state funds, dedicated revenue funds and tax expenditures as defined by section 1666 whose purposes are to create, attract or retain business entities related to business development in the State, including but not limited to:

(1) Assistance from Maine Quality Centers under Title 20-A, chapter 431-A;

(2) The Governor's Jobs Initiative Program under Title 26, chapter 25, subchapter 4;

(3) Municipal tax increment financing under Title 30-A, chapter 206;

(4) The jobs and investment tax credit under Title 36, section 5215;

(5) The research expense tax credit under Title 36, section 5219-K;

(6) Reimbursement for taxes paid on certain business property under Title 36, chapter 915;

(7) Employment tax increment financing under Title 36, chapter 917;

(8) The shipbuilding facility credit under Title 36, chapter 919;

(9) The credit for seed capital investment under Title 36, section 5216-B; and

(10) The credit for pollution-reducing boilers under Title 36, section 5219-Z; and

(11) The credit for Maine fishery infrastructure investment under Title 36, section 5216-D.

Sec. A-9. 10 MRSA §9721, sub-§1-A, as amended by PL 2013, c. 120, §13, is further amended to read:

1-A. Building code. "Building code" means any part or portion of any edition of a code that regulates the construction of a building, including codes published by the International Code Council or Building Officials and Code Administrators International, Inc. or the International Existing Building Code adopted pursuant to Title 10, former section 9702, but does not include the fire and life safety codes in Title 25, section 2452.

Sec. A-10. 10 MRSA §9724, sub-§2, as amended by PL 2009, c. 261, Pt. A, §8, is further amended to read:

2. Prior statewide codes and standards. Effective December 1, 2010, the Maine Uniform Building and Energy Code adopted pursuant to this chapter replaces, and is intended to be the successor to, the Model Energy Code established in Title 35-A, section 121 and the Maine model radon standard for new residential construction set forth in Title 25, former section 2466.

Sec. A-11. 12 MRSA §1817, sub-§7, as enacted by PL 2001, c. 466, §4 and amended by PL 2011, c. 657, Pt. W, §7 and c. 405, Pt. A, §24, is further amended to read:

7. Comprehensive outdoor recreation plan. Beginning January 1, 2003 and every 5 years thereafter, the director shall submit a state comprehensive outdoor recreation plan to the joint standing committee of the Legislature having jurisdiction over state parks and public lands matters, referred to in this subsection as the "committee of legislative oversight." The plan submitted by the bureau for review and approval by the National Park Service to establish the bureau's eligibility for funding from the land and water conservation fund under 16 United States Code, Section 4601-11 meets the requirements of this subsection. If federal funding is not available for updating the state plan, the bureau may make a written request to the committee of legislative oversight for an extension for submitting the plan. Upon receiving an extension request, the committee of legislative oversight shall discuss the advisability of an extension and the availability of state funds for preparation of the update. The committee may authorize an extension by writing to the director and stating the year by which an update must be received. A copy of the written extension must be filed by the committee with the Executive Director of the Legislative Council.

Sec. A-12. 12 MRSA §5012, first ¶, as amended by PL 2009, c. 213, Pt. L, §1 and PL 2011, c. 657, Pt. W, §§5 and 7, is further amended to read:

The commissioner is the chief executive officer of the Department of Agriculture, Conservation and Forestry. The commissioner shall coordinate and supervise the activities and programs of the divisions bureaus and agencies that are part of the department; undertake comprehensive planning and analysis with respect to the functions and responsibilities of the department; and develop and implement, whenever necessary, procedures and practices to promote economy, efficiency and coordination in and between the various agencies and divisions bureaus of the department. The commissioner shall reorganize or combine the divisions bureaus of the department or the planning, operations and other functions among the divisions bureaus of the department as the commissioner considers necessary to improve the efficiency of department services. From time to time the commissioner shall recommend to the Governor and Legislature such changes in the laws relating to the organization, functions, services or procedures of the agencies and divisions bureaus of the department as the commissioner considers desirable. The commissioner shall prepare a budget for the department and shall organize and maintain the office of the commissioner.

Sec. A-13. 12 MRSA §5012, 2nd ¶, as amended by PL 2009, c. 213, Pt. L, §2 and PL 2011, c. 657, Pt. W, §7, is further amended to read:

The commissioner has the power to appoint a deputy commissioner and division bureau heads and other staff of the department, subject to the Civil Service Law, and prescribe their duties as necessary for the proper performance of the duties of the department.

Sec. A-14. 12 MRSA §5012, 3rd ¶, as amended by PL 2009, c. 213, Pt. L, §3 and PL 2011, c. 657, Pt. W, §7 and c. 682, §38, is further amended to read:

The deputy commissioner and division bureau heads serve at the pleasure of the commissioner, except that dismissal of the Executive Director of the Maine Land Use Planning Commission requires the consent of a majority of the members of that commission.

Sec. A-15. 12 MRSA §5013, as amended by PL 2013, c. 405, Pt. C, §11, is further amended to read:

§ 5013. Department organization

The Department of Agriculture, Conservation and Forestry shall be composed of the Maine Land Use Planning Commission and the following divisions bureaus:

1. Maine Land Use Planning Commission. The Maine Land Use Planning Commission as established by Title 5, chapter 379 shall be under the direction and supervision of a director who shall be qualified by experience in planning and administration consistent with section 681. The director shall be appointed by the commissioner, with the consent of a majority of the commission, for a term coterminous with the commissioner, subject to removal for cause by the commissioner with the approval of the Governor;

2. Bureau of Forestry. The Division Bureau of Forestry, which shall be under the direction and supervision of a director, who shall be qualified by training, experience and skill in forestry. The director shall be appointed by, and serve at the pleasure of, the commissioner;

3. Bureau of Parks and Lands. The Division Bureau of Parks and Public Lands, which is under the direction and supervision of a director, with the assistance of a deputy director. The director and deputy director are appointed by, and serve at the pleasure of, the commissioner; and

5. Division of Geology, Natural Areas and Coastal Resources. The Division of Geology, Natural Areas and Coastal Resources is under the direction and supervision of a director who is appointed by, and serves at the pleasure of, the commissioner.

Every person appointed as a bureau or division director or a director of planning and program services, or in another supervisory capacity in the department, must have experience and skill in the field of the functions of such position. So far as is practicable in the judgment of the commissioner, appointments to such positions must be made by promoting employees of the State serving in positions that are classified and in every instance when a person is promoted from a classified position upon termination of that person's service in such classified supervisory position, the employee, if the employee so requests, must be restored to the classified position from which the employee was promoted or to a position equivalent thereto in salary grade in the same state agency, without impairment of the employee's personnel status or the loss of seniority, retirement or other rights to which uninterrupted service in the classified position would have entitled the employee, provided that if the employee's service in such unclassified supervisory position has been terminated for cause, the employee's right to be so restored must be determined by the State Civil Service Appeals Board.

Sec. A-16. 12 MRSA §6302-A, sub-§3, ¶E, as amended by PL 2013, c. 8, §1 and repealed and replaced by c. 9, §1, is repealed and the following enacted in its place:

E. The Penobscot Nation may not issue to members of the nation commercial licenses for the taking of elvers in any calendar year that exceed the following limits:

(1) Eight licenses that allow the taking of elvers with 2 pieces of gear, consisting of an elver fyke net and a dip net; and

(2) Forty licenses that allow the taking of elvers with one piece of gear only, consisting of either an elver fyke net or a dip net.

The commissioner shall by rule allow the Penobscot Nation to issue additional commercial licenses to members of the nation for the taking of elvers if the commissioner and the Penobscot Nation determine that elver resources are sufficient to permit the issuance of new licenses;

Sec. A-17. 12 MRSA §6810, sub-§1, as enacted by PL 2001, c. 186, §1, is amended to read:

1. Authorized traps. It is unlawful to fish for green crabs under a license issued pursuant to subsection section 6808 with traps not authorized by the commissioner.

Sec. A-18. 12 MRSA §9004, sub-§4, ¶C, as enacted by PL 1995, c. 586, §5, is amended to read:

C. Operates a facility that is exempt pursuant to section 9001-B that does not comply with rules adopted under section 9001-B, subsection 4.

Sec. A-19. 12 MRSA §10105, sub-§15, as enacted by PL 2013, c. 408, §3, is amended to read:

15. Commissioner's authority to terminate hunting, fishing or trapping season. The commissioner, after consultation with the Governor and the advisory council and by proclamation of the Governor, may terminate an open season for hunting, fishing or trapping at any time in any area if, in the commissioner’s opinion, an immediate emergency action is necessary due to adverse weather conditions or unlawful hunting, fishing or trapping activity. If a section of the State is closed to hunting, fishing or trapping pursuant to this subsection, the commissioner, following the annulment of the proclamation of the Governor, with the consent of the Governor may extend the open season in that section of the State for a period of days not to exceed the number of days lost due to the termination proclamation. Whenever a section of the State is closed to hunting pursuant to this subsection during the open season on birds, the commissioner, following the annulment of the proclamation of the Governor, with the consent of the Governor may extend the open season for bird hunting in that section of the State for a period not to exceed the number of days lost as permitted by regulations of the federal Migratory Bird Treaty Act, 16 United States Code, Sections 703 to 712.

Sec. A-20. 12 MRSA §11106, sub-§2, as amended by PL 2013, c. 185, §1 and c. 408, §10, is repealed and the following enacted in its place:

2. Archery hunter education requirements. Except as provided in paragraph A and subsection 3, a person who applies for an archery hunting license other than a junior hunting license or an apprenticeship hunter license must submit proof of having successfully completed an archery hunter education course as described in section 10108 or an equivalent archery hunter education course or satisfactory evidence of having previously held a valid adult archery hunting license issued specifically for the purpose of hunting with bow and arrow in this State or any other state, province or country in any year after 1979.

When proof or evidence cannot be otherwise provided, the applicant may substitute a signed affidavit that the applicant has previously held the required adult archery hunting license or has successfully completed the required archery hunter education course.

A. A person who is an enrolled member of the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians or the Aroostook Band of Micmacs who presents certification from the respective reservation governor or the Aroostook Micmac Council stating that the person is an enrolled member of a federally recognized nation, band or tribe listed in this paragraph is exempt from the requirements of this subsection.

Sec. A-21. 12 MRSA §11106-A, sub-§3, as amended by PL 2013, c. 185, §2 and c. 408, §11, is repealed and the following enacted in its place:

3. Crossbow hunter education requirements. Except as provided in paragraph A, a person who applies for a crossbow hunting license other than a junior hunting license or an apprenticeship hunter license must submit proof of having successfully completed an archery hunting education course and a crossbow hunting course as described in section 10108 or equivalent crossbow and archery hunting education courses or satisfactory evidence of having previously held valid adult archery and valid crossbow hunting licenses issued specifically for the purpose of hunting with a crossbow or bow and arrow in this State or any other state, province or country in any year after 1979.

When proof or evidence cannot be otherwise provided, the applicant may substitute a signed affidavit that the applicant has previously held the required adult crossbow and archery hunting license or has successfully completed the required crossbow and archery hunting education courses.

Sec. A-22. 12 MRSA §11107, sub-§1, as amended by PL 2005, c. 397, Pt. E, §5, is further amended to read:

1. Big game license. A person 16 years of age or older at the beginning of the special season established under section 11404, subsection 1 1-A may obtain a muzzle-loading permit from the commissioner or the commissioner's authorized agent if the person possesses a valid license to hunt big game with firearms.

Sec. A-23. 12 MRSA §11109, sub-§3, ¶F, as amended by PL 2013, c. 213, §2 and c. 408, §12, is repealed and the following enacted in its place:

F. A nonresident junior hunting license, for a person 10 years of age or older and under 16 years of age, is $34. Notwithstanding the permit fees established in subchapter 3, a nonresident junior hunting license includes all permits, stamps and other permissions needed to hunt at no additional cost. A nonresident junior hunting license does not include an antlerless deer permit.

Sec. A-24. 12 MRSA §11403, sub-§2, as amended by PL 2011, c. 61, §4 and c. 298, §1, is further amended to read:

2. Open archery season on deer. The commissioner shall by rule establish a regular archery-only season beginning at least 30 days prior and extending to the beginning of the regular deer hunting season, as described in section 11401, subsection 1, paragraph A, for the purpose of hunting deer with bow and arrow only. During the regular archery-only season on deer, except as provided in section 10952, subsection 2 and section 10953, subsection 1-A, the following restrictions apply.

A. A person may not take a deer during a regular archery-only season unless that person uses a hand-held bow and broadhead arrow with the following specifications.

(1) Bows must have a minimum draw weight of 35 pounds.

(2) Arrowheads, including mechanical broadheads when open, must be at least 7/8 inch in width.

B. A person may not carry firearms of any kind while hunting any species of wildlife with bow and arrow during the regular archery-only season on deer, except that a person who holds a license that allows hunting with firearms may carry a handgun. This paragraph may not be construed to prohibit a person who holds a valid permit to carry a concealed handgun pursuant to Title 25, section 2003 from carrying a handgun.

C. Except as provided in section 11109-A, subsection 3, if a person takes a deer with bow and arrow during the regular archery-only season on deer, that person is precluded from further hunting for deer during that year.

D. Except as provided in this subsection, the provisions of this Part concerning deer are applicable to the taking of deer with bow and arrow, including the transportation, registration and possession of deer taken by this method.

A person who violates this subsection commits a Class E crime.

Sec. A-25. 12 MRSA §11852, as amended by PL 2013, c. 280, §9 and repealed by c. 408, §17, is repealed.

Sec. A-26. 12 MRSA §12051, sub-§1, as amended by PL 2013, c. 247, §1 and c. 286, §1, is repealed and the following enacted in its place:

1. Open training season. Unless otherwise provided in this Part, a person may not train dogs on wild birds and wild animals except as follows.

A. A person may train dogs on foxes, snowshoe hare and raccoons from July 1st through the following March 31st, including Sundays.

B. A person may train sporting dogs on wild birds at any time, including Sundays.

C. A resident may train up to 6 dogs at any one time on bear from July 1st to the 4th day preceding the open season on hunting bear, except in those portions of Washington County and Hancock County that are situated south of Route 9.

Except on Sundays, a person may not engage in activities authorized under this subsection unless that person possesses a valid hunting license issued under section 11109. A person may train dogs on pen-raised birds at any time without a license. For the purpose of this subsection, "pen-raised birds" includes, but is not limited to, quail, pheasant, pigeons and Hungarian partridge.

A person who violates this subsection commits a Class E crime.

Sec. A-27. 12 MRSA §12456, sub-§2, ¶A, as amended by PL 2013, c. 3, §1 and c. 73, §1, is repealed and the following enacted in its place:

A. A person who holds a valid Maine fishing license may take smelts for recreational purposes only from the inland waters or portions of inland waters that are naturally free of ice with a dip net in the usual and ordinary way from noon to 2:00 a.m. in accordance with bag limits established by rule. Bag limits established by rule under this paragraph are for a 24-hour period, beginning at noon on a given day and ending at 11:59 a.m. the following day. The commissioner may prohibit the taking of smelts under this section or shorten the noon to 2:00 a.m. smelt fishing timeframe by rule for enforcement or conservation purposes.

(2) A person may not take smelts with a dip net unless that dip net meets the requirements under section 10001, subsection 12-A.

Each day a person violates subparagraph (2) that person commits a Class E crime; and

Sec. A-28. 15 MRSA §3003, sub-§17, as amended by PL 2013, c. 133, §4 and repealed by c. 234, §4, is repealed.

Sec. A-29. 15 MRSA §5821, sub-§3-A, as amended by PL 2013, c. 194, §2 and c. 328, §1, is repealed and the following enacted in its place:

3-A. Firearms and other weapons. Law enforcement officers may seize all firearms and dangerous weapons that they may find in any lawful search for scheduled drugs in which scheduled drugs are found. Except for those seized weapons listed in a petition filed in the Superior Court pursuant to section 5822, all weapons seized, after notice and opportunity for hearing, must be forfeited to the State by the District Court 90 days after a list of the weapons and drugs seized is filed in the District Court in the district in which the weapons and drugs were seized. A weapon need not be forfeited if the owner appears prior to the declaration of forfeiture and satisfies the court, by a preponderance of evidence, of all of the following:

A. That the owner had a possessory interest in the weapon at the time of the seizure sufficient to exclude every person involved with the seized drugs or every person at the site of the seizure;

B. That the owner had no knowledge of or involvement with the drugs and was not at the site of the seizure; and

C. That the owner had not given any involved person permission to possess or use the weapon.

Post-hearing procedures are as provided in section 5822.

A confiscated or forfeited firearm that was confiscated or forfeited because it was used to commit a homicide must be destroyed by the State unless the firearm was stolen and the rightful owner was not the person who committed the homicide, in which case the firearm must be returned to the owner if ascertainable.

Sec. A-30. 16 MRSA §614, as repealed by PL 2013, c. 267, Pt. A, §1 and amended by Pt. B, §§7 to 9, is repealed.

Sec. A-31. 16 MRSA §649, sub-§§2 and 3, as reallocated by RR 2013, c. 1, §30, are amended to read:

2. Notification not required. A government entity acting under section 642 648 may include in the application for a warrant a request for an order to waive the notification required under this section. The court may issue the order if the court determines that there is reason to believe that notification will have an adverse result.

3. Preclusion of notice to owner or user subject to warrant for location information. A government entity acting under section 642 648 may include in its application for a warrant a request for an order directing a provider of electronic communication service or location information service to which a warrant is directed not to notify any other person of the existence of the warrant. The court may issue the order if the court determines that there is reason to believe that notification of the existence of the warrant will have an adverse result.

Sec. A-32. 17 MRSA §1039, sub-§1, ¶D, as enacted by PL 2009, c. 127, §2 and affected by §3, is amended to read:

D. "Farm" has the same meaning as in Title 7, section 152 , subsection 5.

Sec. A-33. 20-A MRSA §5806, sub-§2, as amended by PL 2013, c. 368, Pt. C, §3 and c. 418, §1, is repealed and the following enacted in its place:

2. Maximum allowable tuition. The maximum allowable tuition charged to a school administrative unit by a private school is the rate established under subsection 1 or the state average per public secondary student cost as adjusted, whichever is lower, plus an insured value factor. The insured value factor is computed by dividing 5% of the insured value of school buildings and equipment by the average number of pupils enrolled in the school on October 1st and April 1st of the year immediately before the school year for which the tuition charge is computed. From school year 2009-2010 to school year 2013-2014, a school administrative unit is not required to pay an insured value factor greater than 5% of the school's tuition rate or $500 per student, whichever is less, unless the legislative body of the school administrative unit votes to authorize its school board to pay a higher insured value factor that is no greater than 10% of the school’s tuition rate per student. For the 2014-2015 school year, a school administrative unit is not required to pay an insured value factor greater than 6% of the school's tuition rate per student, unless the legislative body of the school administrative unit votes to authorize its school board to pay a higher insured value factor that is no greater than 10% of the school's tuition rate per student. Beginning in the 2015-2016 school year, a school administrative unit is not required to pay an insured value factor greater than the amount of the prior school year's insured value factor adjusted by a percentage equal to the percentage change in the state share percentage of the total cost of funding public education in the prior school year as determined by section 15671, subsection 7, paragraph C as compared to the applicable percentage for the current school year. In no case may the insured value factor be less than 6% or greater than 10% of the school's tuition rate per student, unless the legislative body of the school administrative unit votes to authorize its school board to pay an insured value factor that exceeds the amount otherwise permitted by this subsection by no more than 5% of the school's tuition rate per student. For the 2013-2014 and 2014-2015 school years only, the maximum allowable tuition charged to a school administrative unit by a private school that participates in the Maine Public Employees Retirement System must be increased above the amount otherwise permitted under this section by an amount equal to the calculated normal cost of teacher retirement for that school divided by the number of enrolled students as of October 1st of the year immediately before the school year for which the tuition is charged.

Sec. A-34. 21-A MRSA §144, sub-§3, as amended by PL 2013, c. 131, §8 and c. 173, §1, is repealed and the following enacted in its place:

3. Restrictions during change of enrollment. Except as provided in subsection 4, a voter may not vote at a caucus, convention or primary election for 15 days after filing an application to change enrollment. A voter may sign a primary nomination petition during the 15-day period after filing an application to change enrollment and the voter’s signature must be counted as valid, as long as the 15-day period has elapsed by the time the petition is certified pursuant to section 335, subsection 7 and the voter otherwise is qualified to sign a petition for that office. Notwithstanding subsection 4, a voter must file an application to change enrollment prior to January 1st to be eligible to file a petition as a candidate in that election year.

Sec. A-35. 21-A MRSA §1052-A, sub-§1, ¶A, as enacted by PL 2013, c. 334, §19, is amended to read:

A. A political action committee as defined under section 1052, subsection 5, paragraph A, subparagraph (1) or (4) that makes expenditure expenditures in the aggregate in excess of $1,500 and a political action committee as defined under section 1052, subsection 5, paragraph A, subparagraph (5) that makes expenditures in the aggregate in excess of $5,000 shall register with the commission within 7 days of exceeding the applicable amount.

Sec. A-36. 22 MRSA §1715, sub-§1, ¶A, as corrected by RR 2001, c. 2, Pt. A, §34, is amended to read:

A. Is either a direct provider of major ambulatory service , as defined in section 382, subsection 8-A, or is or has been required to obtain a certificate of need under section 329 or former section 304 or 304-A;

Sec. A-37. 22 MRSA §1715, sub-§1, ¶B, as enacted by PL 1989, c. 919, §15 and affected by §18, is amended to read:

B. Provides outpatient services as defined in section 382, subsection 9-A; and

Sec. A-38. 22 MRSA §1812-K, sub-§2, as enacted by PL 2013, c. 179, §5, is amended to read:

2. Rules. The department shall adopt rules necessary to license intermediate care facilities for persons with intellectual disabilities in accordance with the Maine Administrative Procedure Act. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 275 375, subchapter 2-A.

Sec. A-39. 22 MRSA §2423-A, sub-§2, ¶H, as amended by PL 2013, c. 371, §2; c. 393, §2; and c. 396, §6, is repealed and the following enacted in its place:

H. For the purpose of disposing of excess prepared marijuana, transfer prepared marijuana to a registered dispensary, a qualifying patient or another primary caregiver if nothing of value is provided to the primary caregiver. A primary caregiver who transfers prepared marijuana pursuant to this paragraph does not by virtue of only that transfer qualify as a member of a collective;

Sec. A-40. 22 MRSA §2423-A, sub-§2, ¶I, as enacted by PL 2013, c. 396, §7, is amended to read:

I. Employ one person to assist in performing the duties of the primary caregiver . ;

Sec. A-41. 22 MRSA §2423-A, sub-§2, ¶J, as reallocated by RR 2013, c. 1, §39, is amended to read:

J. Use a pesticide in the cultivation of marijuana if the pesticide is exempt from the federal registration requirements pursuant to 7 United States Code, Section 136w(b), is registered with the Department of Agriculture, Conservation and Forestry, Board of Pesticides Control pursuant to Title 7, section 607 and is used consistent with best management practices approved by the Commissioner of Agriculture, Conservation and Forestry. A registered primary caregiver may not in the cultivation of marijuana use a pesticide exempt from the federal registration requirements and that is registered with the Board of Pesticides Control unless the registered primary caregiver or the registered primary caregiver's employee is certified in the application of the pesticide pursuant to section 1471-D and any employee who has direct contact with treated plants has completed safety training pursuant to 40 Code of Federal Regulations, Part 170.130. An employee of the registered primary caregiver who is not certified pursuant to section 1471-D and who is involved in the application of the pesticide or handling of the pesticide or equipment must first complete safety training described in 40 Code of Federal Regulations, Part 170.230 . ; and

Sec. A-42. 22 MRSA §2511, sub-§41-A, as enacted by PL 2013, c. 252, §2 and c. 323, §1, is repealed and the following enacted in its place:

41-A. Registered establishment. "Registered establishment" means a person registered under section 2514-A.

Sec. A-43. 22 MRSA §2514, sub-§1, ¶G-1, as enacted by PL 2013, c. 252, §3 and c. 323, §3, is repealed.

Sec. A-44. 22 MRSA §2514-A, as enacted by PL 2013, c. 252, §4, is amended to read:

§ 2514-A. Registration

1. Registration permitted. A person that is not licensed under section 2514 may engage in intrastate commerce in the business of buying, selling, preparing, processing, packing, storing, transporting or otherwise handling meat, meat food products or poultry products if that person is registered under this section. A person may register under this section if the person is a:

A. Custom slaughterer, except that itinerant custom slaughterers who slaughter solely at a customer's home or farm and who do not own, operate or work at a slaughtering plant are exempt from the registration provisions of this section;

B. Custom processor;

C. Poultry producer who processes fewer than 1,000 birds annually under section 2517-C; and

D. Person in any other category that the commissioner may by rule establish.

Sec. A-45. 22 MRSA §2515, as enacted by PL 2013, c. 323, §4, is repealed.

Sec. A-46. 22 MRSA §2517-C, as amended by PL 2013, c. 304, §§5 to 7 and c. 323, §5, is repealed and the following enacted in its place:

§ 2517-C. Slaughter and inspection; producer exemptions for poultry

1. Exemption for processing fewer than 1,000 birds annually. Notwithstanding section 2512 and whether or not the poultry are intended for human consumption, inspection is not required for the slaughter of poultry or the preparation of poultry products as long as the poultry are slaughtered by the producer that raised the poultry and the poultry products are prepared on the farm where the poultry were raised and:

A. Fewer than 1,000 birds are slaughtered annually on the farm;

B. No birds are offered for sale or transportation in interstate commerce;

C. Any poultry products sold are sold only as whole birds;

D-1. The poultry producer is registered under section 2514-A;

F. The poultry producer assigns a lot number to all birds sold and maintains a record of assigned lot numbers and the point of sale;

G. The poultry are sold in accordance with the restrictions in subsection 2;

H. The poultry are sold at the farm on which the poultry were raised or delivered to a consumer's home by the poultry producer; and

I. The poultry products are labeled with:

(1) The name of the farm, the name of the poultry producer and the address of the farm including the zip code;

(2) The statement "Exempt under the Maine Revised Statutes, Title 22, section 2517-C NOT INSPECTED"; and

(3) Safe handling and cooking instructions as follows: "SAFE HANDLING INSTRUCTIONS: Keep refrigerated or frozen. Thaw in refrigerator or microwave. Keep raw poultry separate from other foods. Wash working surfaces, including cutting boards, utensils and hands, after touching raw poultry. Cook thoroughly to an internal temperature of at least 165 degrees Fahrenheit maintained for at least 15 seconds. Keep hot foods hot. Refrigerate leftovers immediately or discard."

1-A. Exemption for processing fewer than 20,000 birds annually. A poultry producer may slaughter and process that producer's own poultry without an inspector being present during processing if all the following criteria are met; a producer that does not meet these criteria does not qualify for this exemption and shall seek state or United States Department of Agriculture inspection of poultry products intended to be sold:

A. The producer is licensed as a commercial processor pursuant to section 2514;

B. The producer's facilities conform to the rules of the department governing food processing and manufacturing, including a:

(1) Separate area for slaughter, bleeding and defeathering;

(2) Separate area for evisceration and cooling; and

(3) Water supply that is tested twice annually for nitrates, nitrites and coliforms;

C. The producer raises, slaughters and processes, on that producer's premises, no more than 20,000 poultry in a calendar year. The producer must declare to the Department of Agriculture, Conservation and Forestry that it is exempt under this subsection at the beginning of each calendar year. Records must demonstrate numbers of birds raised. A producer that does not maintain accurate records does not qualify for the exemption under this subsection;

D. The producer's facility is not used to slaughter or process poultry by any other person or business without prior approval from the commissioner in accordance with the requirements of the federal Food Safety and Inspection Service Administrator;

E. The producer does not purchase birds for resale that have been processed under any exemption under this section;

F. Poultry are healthy when slaughtered;

G. Slaughter and processing are conducted using sanitary standards, practices and procedures to produce poultry products that are not adulterated;

H. The producer does not engage in Internet or interstate sales;

I. The shipping containers of the poultry bear the following labeling:

(1) Producer's name, address and zip code;

(2) Common name of product or list of ingredients;

(3) Weight of product in shipping container or immediate container;

(4) Lot number, which must consist of a coded number in some combination of the number of the day of the year on which the poultry was slaughtered;

(5) The statement "Exempt P.L. 90-492"; and

(6) Safe handling and cooking instructions as follows: "SAFE HANDLING INSTRUCTIONS: Keep refrigerated or frozen. Thaw in refrigerator or microwave. Keep raw poultry separate from other foods. Wash working surfaces, including cutting boards, utensils and hands, after touching raw poultry. Cook thoroughly to an internal temperature of at least 165 degrees Fahrenheit maintained for at least 15 seconds. Keep hot foods hot. Refrigerate leftovers immediately or discard."

The producer may further process poultry carcasses into parts and other products. The producer may sell retail poultry products to the household consumer and may sell wholesale poultry products to retail stores, hotels, restaurants and institutions, with the appropriate licenses.

1-B. Small enterprise exemption. A small enterprise may slaughter, dress and cut up poultry without an inspector being present during processing if all the following criteria are met; a small enterprise that does not meet these criteria does not qualify for the exemption and shall seek state or United States Department of Agriculture inspection of poultry products intended to be sold.

A. The small enterprise is licensed as a commercial processor pursuant to section 2514;

B. The small enterprise's facilities conform to the rules of the department governing food processing and manufacturing, including a:

(1) Separate area for slaughter, bleeding and defeathering;

(2) Separate area for evisceration and cooling; and

(3) Water supply that is tested twice annually for nitrates, nitrites and coliforms;

C. The small enterprise raises, slaughters and dresses poultry, or purchases live poultry to slaughter and dress, or purchases dressed poultry, in a combination of no more than 20,000 birds in a calendar year. The small enterprise must declare to the Department of Agriculture, Conservation and Forestry that it is exempt under this subsection at the beginning of each calendar year. Records must show numbers of birds raised, purchased or purchased as dressed. A small enterprise that does not maintain accurate records does not qualify for the exemption under this subsection;

D. The small enterprise's further processing is limited to whole and cut up poultry only;

E. The facility is not used to slaughter or process poultry by any other person or business without prior approval from the commissioner in accordance with the requirements of the federal Food Safety and Inspection Service Administrator;

F. Slaughter and processing are conducted using sanitary standards, practices and procedures to produce poultry products that are not adulterated;

G. Poultry are healthy when slaughtered;

H. The small enterprise does not engage in Internet or interstate sales;

I. The small enterprise does not cut up and distribute poultry products to a business operating under any exemption under this section;

J. The shipping or immediate containers of the poultry bear the following labeling:

(1) Business name, address and zip code;

(2) Common name of product;

(3) Weight of product in shipping container or immediate container;

(4) Lot number, which must consist of a coded number in some combination of the number of the day of the year on which the poultry was slaughtered;

(5) The statement "Processed by a Licensed Commercial Food Processor/Small Enterprise Exempt from State or United States Department of Agriculture continuous bird-by-bird inspection"; and

The small enterprise may sell poultry products wholesale to hotels, restaurants and institutions, prepackaged products to retail stores and retail products to household consumers, with the appropriate licenses.

2. Restrictions on point of sale. Except as provided in subsections 1-A and 1-B, poultry products sold under this section may only be sold by the poultry producer and in the following locations or manner:

A. At the farm on which the poultry were raised;

B. At a farmers' market as defined in Title 7, section 415;

C. Delivered to a consumer’s home by the poultry producer whose name and address appear on the label under subsection 1 or whose name and license number appear on the label under subsection 1-A or 1-B;

D. Received by a person who is a member of a community supported agriculture farm that has a direct marketing relationship with the poultry producer. For the purposes of this section, "community supported agriculture" means an arrangement whereby individual consumers have agreements with a farmer to be provided with food or other agricultural products produced on that farm;

E. To a locally owned grocery store; or

F. To a locally owned restaurant.

3. Labeling requirements for sales at farmers' markets, locally owned grocery stores and locally owned restaurants. A poultry producer may not sell poultry products that have not been inspected at a farmers' market, to a locally owned grocery store or a locally owned restaurant pursuant to subsections 1 and 2 unless the poultry products are labeled with:

A. The name of the farm, the name of the poultry producer and the address of the farm including the zip code;

B. The number of the license issued to the poultry producer in accordance with section 2514 and the lot number for the poultry products pursuant to subsection 1, paragraph F;

C. The statement "Exempt under the Maine Revised Statutes, Title 22, section 2517-C NOT INSPECTED." The statement must be prominently displayed with such conspicuousness that it is likely to be read and understood; and

D. Safe handling and cooking instructions as follows: "SAFE HANDLING INSTRUCTIONS: Keep refrigerated or frozen. Thaw in refrigerator or microwave. Keep raw poultry separate from other foods. Wash working surfaces, including cutting boards, utensils and hands, after touching raw poultry. Cook thoroughly to an internal temperature of at least 165 degrees Fahrenheit maintained for at least 15 seconds. Keep hot foods hot. Refrigerate leftovers immediately or discard."

4. Rules. The commissioner shall adopt rules to establish requirements for the physical facilities and sanitary processes used by poultry producers whose products are exempt from inspection under this section. Rules adopted under this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

5. Enforcement. The commissioner shall enforce the provisions of this section.

6. Violation; penalty. A person who violates this section is subject to penalties under section 2524.

Sec. A-47. 22 MRSA §2518, as amended by PL 2013, c. 252, §6 and c. 323, §6, is repealed and the following enacted in its place:

§ 2518. Periodic review of noninspected licensed and registered establishments

1. Review by inspector. The commissioner may require establishments that are required to be licensed under section 2514 or registered under section 2514-A but are exempt from inspection under section 2512, subsection 2, paragraph K to be periodically reviewed by inspectors to ensure that the provisions of this chapter and the rules adopted under this chapter are satisfied and that the public health, safety and welfare are protected. The commissioner shall require establishments that are required to be licensed under section 2514 or registered under section 2514-A but are exempt from inspection under section 2517-C to be reviewed annually by inspectors to ensure that the provisions of this chapter and the rules adopted under this chapter are satisfied and that the public health, safety and welfare are protected.

2. Review of certain slaughter or preparation establishments. Inspection may not be provided under this chapter at any establishment for the slaughter of livestock or poultry or the preparation of any livestock products or poultry products that are not intended for use as human food, but these products must, prior to their offer for sale or transportation in intrastate commerce, unless naturally inedible by humans, be denatured or otherwise identified, as prescribed by rules of the commissioner, to deter their use for human food. These licensed or registered establishments are subject to periodic review.

3. Subject to review. A periodic review under this section must include an examination of:

A. The licensed or registered establishment's sanitation practices;

B. Sanitation in the areas where meat and poultry products are prepared, stored and displayed;

C. The adequacy of a refrigeration system used for meat food products and poultry products;

D. Labeling; and

E. Meat food products or poultry products for wholesomeness or adulteration.

In addition, the inspector conducting the periodic review may conduct any other examination necessary to ensure compliance with this chapter and the rules adopted pursuant to this chapter.

4. Access. For purposes of a periodic review of a licensed or registered establishment, inspectors have access during normal business hours to every part of a licensed or registered establishment required to have inspection under this chapter, whether the licensed or registered establishment is operated or not.

Sec. A-48. 22 MRSA §3763, sub-§1, as amended by PL 2011, c. 380, Pt. PP, §3, is further amended to read:

1. Family contract. During the TANF orientation process, a representative of the department and the TANF recipient shall enter into a family contract. The family contract must state the responsibilities of the parties to the agreement including, but not limited to, cooperation in child support enforcement and determination of paternity, the requirements of the ASPIRE-TANF program and referral to parenting activities and health care services. Except as provided in section 3762, subsection 4, refusal to sign the family contract or to abide by the provisions of the contract, except for referral to parenting activities and health care services, will result in termination of benefits under section subsection 1-A. Failure to comply with referrals to parenting activities or health care services without good cause will result in a review and evaluation of the reason for noncompliance by the representative of the department and may result in sanctions. Written copies of the family contract and a notice of the right to a fair hearing must be given to the individual. The family contract must be amended in accordance with section 3788 when a participant enters the ASPIRE-TANF program and when participation review occurs.

Benefits that have been terminated under this subsection must be restored once the adult recipient signs a new contract under subsection 1 and complies with the provisions of the family contract.

Sec. A-49. 24-A MRSA §2848, sub-§1-B, ¶A, as amended by PL 2011, c. 238, Pt. E, §1, is further amended to read:

A. "Federally creditable coverage" means health benefits or coverage provided under any of the following:

(1) An employee welfare benefit plan as defined in Section 3(1) of the federal Employee Retirement Income Security Act of 1974, 29 United States Code, Section 1001, or a plan that would be an employee welfare benefit plan but for the "governmental plan" or "nonelecting church plan" exceptions, if the plan provides medical care as defined in subsection 2-A, and includes items and services paid for as medical care directly or through insurance, reimbursement or otherwise;

(2) Benefits consisting of medical care provided directly, through insurance or reimbursement and including items and services paid for as medical care under a policy, contract or certificate offered by a carrier;

(3) Part A or Part B of Title XVIII of the Social Security Act, Medicare;

(4) Title XIX of the Social Security Act, Medicaid, other than coverage consisting solely of benefits under Section 1928 of the Social Security Act;

(4-A) A state children's health insurance program under Title XXI of the Social Security Act;

(5) The Civilian Health and Medical Program for the Uniformed Services, CHAMPUS, 10 United States Code, Chapter 55;

(6) A medical care program of the federal Indian Health Care Improvement Act, 25 United States Code, Section 1601 et seq. or of a tribal organization;

(7) A state health benefits risk pool;

(8) A health plan offered under the federal Employees Health Benefits Amendments Act, 5 United States Code, Chapter 89;

(9) A public health plan as defined in federal regulations authorized by the federal Public Health Service Act, Section 2701(c)(1)(I), as amended by Public Law 104-191; or

(10) A health benefit plan under Section 5(e) of the Peace Corps Act, 22 United States Code, Section 2504(e).

Sec. A-50. 24-A MRSA §4134, sub-§4, as enacted by PL 1969, c. 132, §1 and amended by PL 1973, c. 585, §12, is further amended to read:

4. Reserves according to the superintendent's reserve valuation method , for the life insurance and endowment benefits of certificates providing for a uniform amount of insurance and requiring the payment of uniform premiums shall must be the excess, if any, of the present value, at the date of valuation, of such future guaranteed benefits provided for by such certificates, over the then present value of any future modified net premiums therefor. The modified net premiums for any such certificate shall must be such uniform percentage of the respective contract premiums for such benefits that the present value, at the date of issue of the certificate, of all such modified net premiums shall be is equal to the sum of the then present value of such benefits provided for by the certificate and the excess of A over B, as follows:

A. A net level premium equal to the present value, at the date of issue, of such benefits provided for after the first certificate year, divided by the present value, at the date of issue, of an annuity of one per annum payable on the first and each subsequent anniversary of such certificate on which a premium falls due; provided however that such net level annual premium shall may not exceed the net level annual premium on the 19-year premium whole life plan for insurance of the same amount at an age 1 year higher than the age at issue of such certificate; and

B. A net one-year term premium for such benefits provided for in the first certificate year.

Reserves according to the superintendent's reserve valuation method for:

(1) Life insurance benefits for varying amounts of benefits or requiring the payment of varying premiums,

(2) Annuity and pure endowment benefits,

(3) Disability and accidental death benefits in all certificates and contracts, and

(4) All other benefits except life insurance and endowment benefits,

shall be Reserves according to the superintendent's reserve valuation method must be calculated by a method consistent with the principles of this subsection for life insurance benefits for varying amounts of benefits or requiring the payment of varying premiums; annuity and pure endowment benefits; disability and accidental death benefits in all certificates and contracts; and all other benefits except life insurance and endowment benefits.

Sec. A-51. 24-A MRSA §4204, sub-§2-A, ¶B, as amended by PL 1989, c. 842, §8 and PL 2003, c. 689, Pt. B, §7, is further amended to read:

B. If the Commissioner of Health and Human Services has determined that a certificate of need is not required, the commissioner makes a determination and provides a certification to the superintendent that the following requirements have been met.

(4) The health maintenance organization must establish and maintain procedures to ensure that the health care services provided to enrollees are rendered under reasonable standards of quality of care consistent with prevailing professionally recognized standards of medical practice. These procedures must include mechanisms to ensure availability, accessibility and continuity of care.

(5) The health maintenance organization must have an ongoing internal quality assurance program to monitor and evaluate its health care services including primary and specialist physician services, ancillary and preventive health care services across all institutional and noninstitutional settings. The program must include, at a minimum, the following:

(a) A written statement of goals and objectives that emphasizes improved health outcomes in evaluating the quality of care rendered to enrollees;

(b) A written quality assurance plan that describes the following:

(i) The health maintenance organization's scope and purpose in quality assurance;

(ii) The organizational structure responsible for quality assurance activities;

(iii) Contractual arrangements, in appropriate instances, for delegation of quality assurance activities;

(iv) Confidentiality policies and procedures;

(v) A system of ongoing evaluation activities;

(vi) A system of focused evaluation activities;

(vii) A system for reviewing and evaluating provider credentials for acceptance and performing peer review activities; and

(viii) Duties and responsibilities of the designated physician supervising the quality assurance activities;

(i) Problem assessment, identification, selection and study;

(ii) Corrective action, monitoring evaluation and reassessment; and

(iii) Interpretation and analysis of patterns of care rendered to individual patients by individual providers;

(d) A written statement describing the system of focused quality assurance activities based on representative samples of the enrolled population that identifies the method of topic selection, study, data collection, analysis, interpretation and report format; and

(e) Written plans for taking appropriate corrective action whenever, as determined by the quality assurance program, inappropriate or substandard services have been provided or services that should have been furnished have not been provided.

(6) The health maintenance organization shall record proceedings of formal quality assurance program activities and maintain documentation in a confidential manner. Quality assurance program minutes must be available to the Commissioner of Health and Human Services.

(7) The health maintenance organization shall ensure the use and maintenance of an adequate patient record system that facilitates documentation and retrieval of clinical information to permit evaluation by the health maintenance organization of the continuity and coordination of patient care and the assessment of the quality of health and medical care provided to enrollees.

(8) Enrollee clinical records must be available to the Commissioner of Health and Human Services or an authorized designee for examination and review to ascertain compliance with this section, or as considered necessary by the Commissioner of Health and Human Services.

(9) The organization must establish a mechanism for periodic reporting of quality assurance program activities to the governing body, providers and appropriate organization staff.

The Commissioner of Health and Human Services shall make the certification required by this paragraph within 60 days of the date of the written decision that a certificate of need was not required. If the commissioner certifies that the health maintenance organization does not meet all of the requirements of this paragraph, the commissioner shall specify in what respects the health maintenance organization is deficient.

Sec. A-52. 24-A MRSA §6706, sub-§6, as amended by PL 2009, c. 335, §12, is further amended to read:

6. Board of directors. If a captive insurance company incorporated in this State is formed as a corporation, then at least one of the members of the board of directors of a captive insurance the company incorporated in this State must be a resident of this State. If the company is formed as a reciprocal insurer, then at least one of the members of the subscriber's subscribers' advisory committee must be a resident of this State. If the company is organized as a limited liability company, then at least one manager must be a resident of this State.

Sec. A-53. 25 MRSA §2801-A, sub-§4, as amended by PL 2013, c. 147, §5, is further amended to read:

4. Full-time law enforcement officer. "Full-time law enforcement officer" means a person who possesses a current and valid certificate issued by the board pursuant to section 2803-A and is employed as a law enforcement officer by a municipality, a county, the State or any other nonfederal employer with a reasonable expectation of working more than 1,040 hours in any one calendar year for performing law enforcement officer duties.

Sec. A-54. 25 MRSA §2801-A, sub-§7, ¶C, as enacted by PL 2013, c. 147, §5, is amended to read:

C. Absent extenuating circumstances as determined by the board, works not more than 1,040 hours in any one calendar year for performing law enforcement duties.

Sec. A-55. 25 MRSA §2801-B, sub-§1, ¶A, as amended by PL 2013, c. 133, §19 and c. 147, §6, is repealed and the following enacted in its place:

A. An employee of the Department of Corrections with a duty to perform probation functions or who is an adult probation supervisor as defined in Title 17-A, section 2, subsection 3-C or an investigative officer or other employee of the Department of Corrections authorized to exercise law enforcement powers as described in Title 34-A, section 3011;

Sec. A-56. 28-A MRSA §84, sub-§1, as amended by PL 2013, c. 269, Pt. C, §4 and affected by §13 and amended by c. 368, Pt. V, §21, is repealed and the following enacted in its place:

1. Manage sale of spirits. Manage the sale of spirits through agency liquor stores in accordance with applicable laws and rules that provide for the operation of wholesale distribution of spirits;

Sec. A-57. Effective date. That section of this Part that repeals and replaces the Maine Revised Statutes, Title 28-A, section 84, subsection 1 takes effect July 1, 2014.

Sec. A-58. 28-A MRSA §85, as amended by PL 2013, c. 269, Pt. C, §5 and affected by §13 and amended by c. 368, Pt. V, §22, is repealed and the following enacted in its place:

§ 85. Inventory and working capital

2. Inventory. The bureau or an entity awarded a contract under section 89 may keep and have on hand a stock of spirits for sale, the value of which when priced for resale must be computed on the delivered case cost F.O.B. liquor warehouse designated by the commission filed by liquor suppliers. The inventory value must be based upon actual cost for which payment may be due and may not at any time exceed the amount of working capital authorized. Spirits may not be considered in the inventory until payment has been made for them.

Sec. A-59. Effective date. That section of this Part that repeals and replaces the Maine Revised Statutes, Title 28-A, section 85 takes effect July 1, 2014.

Sec. A-60. 28-A MRSA §453-C, sub-§1, as amended by PL 2013, c. 269, Pt. C, §6 and affected by §13 and amended by c. 368, Pt. V, §32, is repealed and the following enacted in its place:

1. Agent licensed to resell spirits purchased from the bureau. An agent licensed to resell spirits purchased from the bureau or an entity awarded a contract under section 89 to a retail licensee licensed for on-premises consumption must be licensed as a reselling agent. An agent is prohibited from reselling spirits and fortified wine to a retail licensee licensed for on-premises consumption except for spirits and fortified wine purchased from the bureau or an entity awarded a contract under section 89. A reselling agent may not resell fortified wine purchased from wholesalers licensed to sell beer and wine in the State.

Sec. A-61. Effective date. That section of this Part that repeals and replaces the Maine Revised Statutes, Title 28-A, section 453-C, subsection 1 takes effect July 1, 2014.

Sec. A-62. 28-A MRSA §606, sub-§4, as repealed by PL 2013, c. 269, Pt. A, §7 and affected by §10 and amended by c. 368, Pt. V, §38, is repealed.

Sec. A-63. Effective date. That section of this Part that repeals the Maine Revised Statutes, Title 28-A, section 606, subsection 4 takes effect July 1, 2014.

Sec. A-64. 28-A MRSA §606, sub-§8, as amended by PL 2013, c. 269, Pt. C, §11 and affected by §13 and amended by c. 368, Pt. V, §39, is repealed and the following enacted in its place:

8. Limits on price. An agency liquor store shall sell all spirits purchased from the bureau or an entity awarded a contract under section 89 at the retail price established by the commission.

Sec. A-65. Effective date. That section of this Part that repeals and replaces the Maine Revised Statutes, Title 28-A, section 606, subsection 8 takes effect July 1, 2014.

Sec. A-66. 28-A MRSA §1052-B, sub-§1, as amended by PL 2013, c. 345, §3 and c. 351, §1, is repealed and the following enacted in its place:

1. Special taste-testing festival license. Manufacturers of malt liquor or wine licensed as breweries, tenant breweries or wineries under section 1355-A or a similarly licensed brewery or winery in another state may apply jointly for an additional license to participate in a special taste-testing festival under this section. The special taste-testing festival license is valid for no more than 3 consecutive days and may be issued up to 5 times annually.

Sec. A-67. 28-A MRSA §2221-A, sub-§5, as amended by PL 2013, c. 368, Pt. V, §53, is further amended to read:

5. Records. Any officer, department or agency having custody or of property subject to forfeiture under subsection 1, or having disposed of the property, shall keep and maintain full and complete records concerning the property.

A. The records must show:

(1) From whom it received the property;

(2) Under what authority it held, received or disposed of the property;

(3) To whom it delivered the property;

(4) The date and manner of destruction or disposition of the property; and

(5) The exact kinds, quantities and forms of the property.

B. The records shall be open to inspection by all federal and state officers charged with enforcement of federal and state liquor laws.

C. Persons making final disposition or destruction of the property under court order shall report, under oath, to the court the exact circumstances of the destruction or disposition.

D. The bureau shall maintain a centralized record of property seized, held by an order to the bureau. If requested, the bureau shall provide a report of the disposition of property previously held by the bureau as required by this section to any governmental entity to the commissioner or to the Office of Fiscal and Program Review for review. These records must include an estimate of the fair market value of items seized.

Sec. A-68. 29-A MRSA §1304, sub-§1, ¶H, as amended by PL 2013, c. 381, Pt. B, §16, is further amended to read:

H. A person under 21 years of age may not apply for a license unless:

(1) A period of 6 months has passed from the date the person was issued a learner's permit; and

(2) The person has completed a minimum of 70 hours of driving, including 10 hours of night driving, while accompanied by a parent, guardian or licensed driver at least 20 years of age. The parent, stepparent or guardian, or a spouse or employer pursuant to section 1302, subsection 1, paragraphs B and C, must certify the person's driving time on a form prescribed by the Secretary of State. A parent, stepparent, guardian, spouse or employer who certifies a driving log pursuant to this subsection and was not the licensed driver accompanying the applicant must provide the name and address of the licensed driver who accompanied the applicant for the majority of the 35 70 hours of driving. The Secretary of State may complete the certification for an applicant at least 18 years of age and who has no parent, stepparent, guardian, spouse or employer if the applicant provides the name and address of the licensed driver who accompanied the applicant for the majority of the 35 70 hours of driving.

A person 21 years of age or older is not required to submit certification of driving time to the Secretary of State.

Sec. A-69. 29-A MRSA §1312, sub-§1, as enacted by PL 2013, c. 127, §1 and affected by §5, is amended to read:

1. Maine Organ and Tissue Donation Fund. When applying for or renewing a license under this subchapter, a person may designate that a $2 donation be paid into the Maine Organ and Tissue Donation Fund established in section 1402-B, subsection 4. A person who designates a $2 donation under this subsection shall include with the person's license application or renewal fee sufficient funds to make the contribution. Each license application form under section 1301, subsection 1 and license renewal form under section 1406 1406-A must contain a designation in substantially the following form: "Maine Organ and Tissue Donation Fund donation: ( ) $2 or ( ) Other $... ."

Sec. A-70. 29-A MRSA §2079, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

§ 2079. Unnecessary noise

Braking or acceleration may not be unnecessarily made so as to cause a harsh and objectional objectionable noise.

Sec. A-71. 29-A MRSA §2359, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

§ 2359. Prima facie evidence

For the purposes of this Title, weights as indicated by a stationary or portable scale approved by the Department of Transportation and tested within 12 calender calendar months prior to the time of use by a person and method approved by the Department of Transportation are considered accurate.

Sec. A-72. 32 MRSA §1352-A, sub-§2, ¶D, as amended by PL 2013, c. 296, §3, is further amended to read:

D. An applicant who is a graduate of an engineering curriculum not approved by the accreditation board or an allied science curriculum of 4 years or more and who has submitted a transcript showing the completion of the minimum number or of engineering science and design credits as required in a curriculum approved by the accreditation board and who has passed the national council examination in the fundamentals of engineering may be certified as an engineer-intern.

Sec. A-73. 32 MRSA §4700-G, sub-§9, as enacted by PL 1991, c. 455, Pt. B, §1, is amended to read:

9. Meetings. The commission shall meet at least 2 times per calender calendar year at the call of the chair. The chair may call additional meetings as the chair determines necessary and shall call a meeting at the request of any 2 members of the commission.

Sec. A-74. 32 MRSA §14034, sub-§2, ¶A, as amended by PL 2013, c. 217, Pt. H, §2 and Pt. K, §10, is repealed and the following enacted in its place:

A. Submit evidence that the applicant is licensed in good standing under the laws of another jurisdiction; and

Sec. A-75. 32 MRSA §18211, sub-§4, as enacted by PL 2013, c. 180, §5 and affected by §6, is amended to read:

4. Meetings; chair. The board shall meet at least once a year to conduct its business and to elect a chair. Additional meetings must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. Four members of the board constitute a quorum.

Sec. A-76. 34-A MRSA §1216, sub-§1, as repealed and replaced by PL 2013, c. 267, Pt. B, §27 and c. 424, Pt. B, §13, is repealed and the following enacted in its place:

1. Limited disclosure. All orders of commitment, medical and administrative records, applications and reports, and facts contained in them, pertaining to any person receiving services from the department must be kept confidential and may not be disclosed by any person, except that public records must be disclosed in accordance with Title 1, section 408-A; criminal history record information may be disseminated in accordance with Title 16, chapter 7; and documents other than those documents pertaining to information obtained by the department for the purpose of evaluating a client's ability to participate in a community-based program or from informants in a correctional or detention facility for the purpose of determining whether facility rules have been violated or pertaining to a victim's request for notice of release may, and must upon request, be disclosed:

A. To any person if the person receiving services, that person's legal guardian, if any, and, if that person is a minor, that person's parent or legal guardian give informed written consent to the disclosure of the documents referred to in this subsection after being given the opportunity to review the documents sought to be disclosed;

B. To any state agency if necessary to carry out the statutory functions of that agency;

C. If ordered by a court of record, subject to any limitation in the Maine Rules of Evidence, Rule 503;

D. To any criminal justice agency if necessary to carry out the administration of criminal justice or the administration of juvenile criminal justice or for criminal justice agency employment;

E. To persons engaged in research if:

(1) The research plan is first submitted to and approved by the commissioner;

(2) The disclosure is approved by the commissioner; and

(3) Neither original records nor identifying data are removed from the facility or office that prepared the records.

The commissioner and the person doing the research shall preserve the anonymity of the person receiving services from the department and may not disseminate data that refer to that person by name or number or in any other way that might lead to the person's identification;

F. To persons who directly supervise or report on the health, behavior or progress of a juvenile, to the superintendent of a juvenile's school and the superintendent's designees and to agencies that are or might become responsible for the health or welfare of a juvenile if the information is relevant to and disseminated for the purpose of creating or maintaining an individualized plan for the juvenile's rehabilitation, including reintegration into the school; or

G. To any state agency engaged in statistical analysis for the purpose of improving the delivery of services to persons who are or might become mutual clients if:

(1) The plan for the statistical analysis is first submitted to and approved by the commissioner; and

(2) The disclosure is approved by the commissioner.

The commissioner and the state agency requesting the information shall preserve the anonymity of the persons receiving services from the department and may not disseminate data that refer to any person by name or number or that in any other way might lead to a person's identification.

Notwithstanding any other provision of law, the department may release the names, dates of birth and social security numbers of persons receiving services from the department and, if applicable, eligibility numbers and the dates on which those persons received services to any state or federal agency for the sole purpose of determining eligibility and billing for services and payments under federally funded programs administered by the agency. The department may also release to the agency information required for and to be used solely for audit or research purposes, consistent with federal law, for those services provided by or through the department. Agency personnel shall treat this information as confidential in accordance with federal and state law and shall return the records when their purpose has been served.

Sec. A-77. 36 MRSA §841, sub-§2, as repealed and replaced by PL 2013, c. 424, Pt. A, §24, is amended to read:

2. Hardship or poverty. The municipal officers, or the State Tax Assessor for the unorganized territory, within 3 years from commitment, may, on their own knowledge or on written application, make such abatements as they believe reasonable on the real and personal taxes on the primary residence of any person who, by reason of hardship or poverty, is in their judgment unable to contribute to the public charges. The municipal officers, or the State Tax Assessor for the unorganized territory, may extend the 3-year period within which they may make abatements under this subsection.

Municipal officers or the State Tax Assessor for the unorganized territory shall:

A. Provide that any person indicating an inability to pay all or part of taxes that have been assessed because of hardship or poverty be informed of the right to make application under this subsection;

B. Assist individuals in making application for abatement;

C. Make available application forms for requesting an abatement based on hardship or poverty and provide that those forms contain notice that a written decision will be made within 30 days of the date of application;

D. Provide that persons are given the opportunity to apply for an abatement during normal business hours;

E. Provide that all applications, information submitted in support of the application, files and communications relating to an application for abatement and the determination on the application for abatement are confidential. Hearings and proceedings held pursuant to this subsection must be in executive session;

F. Provide to any person applying for abatement under this subsection, notice in writing of their decision within 30 days of application; and

G. Provide that any decision made under this subsection include the specific reason or reasons for the decision and inform the applicant of the right to appeal and the procedure for requesting an appeal.

For the purpose of this subsection, the municipal officers may set off or otherwise treat as available benefits provided to an applicant under chapter 907 section 5219-II when determining if the applicant is able to contribute to the public charges.

Sec. A-78. 36 MRSA §1754-B, sub-§2-C, as amended by PL 2013, c. 331, Pt. A, §1, is further amended to read:

2-C. Issuance and renewal of resale certificates; contents; presentation to vendor. On November 1st of each year, the assessor shall review the returns filed by each registered retailer unless the retailer has a resale certificate expiring after December 31st of that year. If the retailer reports $3,000 or more in gross sales during the 12 months preceding the assessor's review, the assessor shall issue to the registered retailer a resale certificate effective for 5 calender calendar years. Each certificate must contain the name and address of the retailer, the expiration date of the certificate and the certificate number. If a vendor has a true copy of a retailer's resale certificate on file, that retailer need not present the certificate for each subsequent transaction with that vendor during the period for which it is valid.

A registered retailer that fails to meet the $3,000 threshold upon the annual review of the assessor is not entitled to renewal of its resale certificate except as provided in this subsection. When any such retailer shows that its gross sales for a more current 12-month period total $3,000 or more or explains to the satisfaction of the assessor why temporary extraordinary circumstances caused its gross sales for the period used for the assessor's annual review to be less than $3,000, the assessor shall, upon the written request of the retailer, issue to the retailer a resale certificate effective for the next 5 calendar years.

Sec. A-79. 36 MRSA §5122, sub-§2, ¶LL, as repealed and replaced by PL 2013, c. 331, Pt. C, §33 and affected by §40 and amended by c. 368, Pt. TT, §7, is repealed and the following enacted in its place:

LL. To the extent included in federal adjusted gross income and to the extent otherwise subject to Maine income tax, an amount equal to military compensation earned during the taxable year for service performed outside of this State pursuant to written military orders:

(1) For active duty service in the active components of the United States Army, Navy, Air Force, Marines or Coast Guard by a service member whose permanent duty station during such service is located outside of this State; and

(2) For active duty service in the active or reserve components of the United States Army, Navy, Air Force, Marines or Coast Guard or in the Maine National Guard by a service member in support of a federal operational mission or a declared state or federal disaster response when the orders are either at federal direction or at the direction of the Governor of this State; and

Sec. A-80. Application. That section of this Part that repeals and replaces the Maine Revised Statutes, Title 36, section 5122, subsection 2, paragraph LL applies to tax years beginning on or after January 1, 2014.

Sec. A-81. 36 MRSA §5403, as amended by PL 2013, c. 368, Pt. Q, §11 and affected by §12 and amended by Pt. TT, §19, is repealed and the following enacted in its place:

§ 5403. Annual adjustments for inflation

Beginning in 2015, and each subsequent calendar year thereafter, on or about September 15th, the State Tax Assessor shall multiply the cost-of-living adjustment for taxable years beginning in the succeeding calendar year by the dollar amounts of the tax rate tables specified in section 5111, subsections 1-D, 2-D and 3-D. Beginning in 2013, and each subsequent calendar year thereafter, on or about September 15th, the State Tax Assessor shall multiply the cost-of-living adjustment for taxable years beginning in the succeeding calendar year by the dollar amount of the itemized deduction limitation amount in section 5125, subsection 4. If the limitation amount or the dollar amounts of each rate bracket, adjusted by application of the cost-of-living adjustment, are not multiples of $50, any increase must be rounded to the next lowest multiple of $50. If the cost-of-living adjustment for any taxable year would be less than the cost-of-living adjustment for the preceding calendar year, the cost-of-living adjustment is the same as for the preceding calendar year. The assessor shall incorporate such changes into the income tax forms, instructions and withholding tables for the taxable year.

Sec. A-82. 38 MRSA §439-A, sub-§4-B, as enacted by PL 2013, c. 140, §1, is amended to read:

4-B. Exemption from setback requirements for decks over rivers within a downtown revitalization project. In accordance with the provisions of this subsection, a municipality may adopt an ordinance that exempts a deck from the water and wetland setback requirements otherwise applicable under this section.

A. Notwithstanding subsections subsection 4 and 4-A, a municipality may adopt an ordinance pursuant to this subsection that exempts a deck from the otherwise applicable water or wetland setbacks if the following requirements are met:

(1) The deck does not exceed 700 square feet in area;

(2) The deck is cantilevered over a segment of a river that is located within the boundaries of a downtown revitalization project; and

(3) The deck is attached to or accessory to a use in a structure that was constructed prior to 1971 and is located within a downtown revitalization project.

B. A downtown revitalization project under this subsection must be defined in a project plan approved by the legislative body of the municipality and may include the revitalization of buildings formerly used as mills that do not meet the water or wetland setback requirements in subsections subsection 4 and 4-A.

C. Except for the water and wetland setback requirements in subsections subsection 4 and 4-A, a deck that meets the requirements of this subsection must meet all other state and local permit requirements and comply with all other applicable rules.

D. A deck exempt under this subsection may be either privately or publicly owned and maintained.

Sec. A-83. 38 MRSA §579, first ¶, as amended by PL 2013, c. 369, Pt. D, §1 and c. 415, §6, is repealed and the following enacted in its place:

The department may participate in the regional greenhouse gas initiative under chapter 3-B. The commissioner or the commissioner's designee and the members of the Public Utilities Commission are authorized to act as representatives for the State in the regional organization as defined in section 580-A, subsection 20, may contract with organizations and entities when such arrangements are necessary to efficiently carry out the purposes of this section and may coordinate the State's efforts with other states and jurisdictions participating in that initiative, with respect to:

Sec. A-84. PL 2013, c. 133, §37 is repealed.

PART B

Sec. B-1. 28-A MRSA §84, sub-§5, as enacted by PL 1997, c. 373, §28, is amended to read:

5. Certification. Certify monthly to the Treasurer of State and the Commissioner of Administrative and Financial Services a complete statement of revenues and expenses for liquor sales for the preceding month and submit , in conjunction with the alcohol bureau, an annual report that includes a complete statement of the revenues and expenses for the alcohol bureau and the bureau to the Governor and the Legislature, together with recommendations for changes in this Title.

Sec. B-2. 28-A MRSA §86, as enacted by PL 1997, c. 373, §28, is amended to read:

§ 86. Conflict of interest

In addition to the limitations set forth in Title 5, section 18, any member of the commission or any employee of the commission , or the bureau or the alcohol bureau may not accept directly or indirectly any samples, gratuities, favors or anything of value from a manufacturer, wholesaler, wholesale licensee or retail licensee or any representative of a manufacturer, wholesaler, wholesale licensee or retail licensee under circumstances that may reasonably be construed as influencing or improperly relating to past, present or future performance of official duties.

Sec. B-3. 28-A MRSA §87, first ¶, as enacted by PL 1997, c. 373, §28, is amended to read:

A person is not eligible for employment with the alcohol bureau or the bureau if that person:

Sec. B-4. 28-A MRSA §352, sub-§2, as amended by PL 1997, c. 373, §39, is further amended to read:

2. Checks not honored on presentation; consequences. If any check is not honored on presentation or if an agency liquor store fails to pay for liquor as prescribed in subsection 1, the bureau shall withhold any license not issued or immediately take back the license if already issued, voiding that license until such time as the check or invoice is paid in full, together with the cost of the check failure or collection procedure. The alcohol bureau or bureau may order that person to make all payments to the alcohol bureau or bureau by cash, certified check or money order for a period not to exceed one year.

Sec. B-5. 28-A MRSA §754, as amended by PL 1997, c. 373, §72, is further amended to read:

§ 754. Records open for inspection

1. Records open for inspection. All records required to be kept under this chapter are open for inspection to the alcohol bureau , or its representatives or representatives of the bureau at any time. The alcohol bureau , or its representatives or representatives of the bureau may make copies of records that may be used as evidence of violation of this chapter.

2. Refusal of access. A licensee may not refuse to allow the alcohol bureau , or its representatives or representatives of the bureau to audit the books and records of the licensee.

Sec. B-6. 28-A MRSA §1501, as amended by PL 1997, c. 373, §134, is further amended to read:

§ 1501. Lists of officers, partners and sales representatives

All persons selling liquor to the State shall furnish to the alcohol bureau and the bureau a list of all officers and directors, if a corporation, or a list of all partners, if a partnership, and the name of the sales representatives of the person within the State.

PART C

Sec. C-1. 9-A MRSA §8-510, sub-§2, ¶A, as enacted by PL 2011, c. 427, Pt. A, §15, is amended to read:

A. Disclosure to or from a consumer reporting agency, as defined in Title 10, section 1312 1308, subsection 4 3, as long as the transfer is for purposes of compliance with and in a manner consistent with the terms of the Fair Credit Reporting Act;

Sec. C-2. 9-A MRSA §10-102, sub-§1, ¶B, as amended by PL 2005, c. 274, §4, is further amended to read:

B. "Loan broker" does not include:

(1) A supervised financial organization;

(2) A supervised lender other than a supervised financial organization, except that, with respect to any transaction in which a supervised lender other than a supervised financial organization is acting solely as a loan broker, section 10-302 applies;

(3) A person licensed by the Real Estate Commission to the extent that the person is engaged in activities regulated by that commission;

(4) A person currently admitted to the practice of law in this State;

(5) Any nonprofit organization exempt from taxation under the United States Internal Revenue Code, Section 501(c)(3) to the extent that the organization's activities are consistent with those set forth in its application for tax exemption to the Internal Revenue Service;

(6) A consumer reporting agency, as defined in the Fair Credit Reporting Act, Title 10, chapter 210 209-B;

(7) An affiliate of a supervised lender when the affiliate provides services described in paragraph A, subparagraph (1), (2) or (3) for or on behalf of that supervised lender and when the affiliate is not compensated by the consumer for those services;

(8) An employee of a supervised lender or an employee of an affiliate of a supervised lender when the employee provides services described in paragraph A, subparagraph (1), (2) or (3) for or on behalf of that supervised lender or affiliate and when the employee or the affiliate is not compensated by the consumer for those services;

(9) A person paid by a supervised lender or a consumer to document a loan, attend or conduct a loan closing, disburse loan proceeds or record or file loan documents;

(10) A person who performs marketing services for a creditor, such as a telemarketer, an advertising agency or a mailing house, when the person is not compensated by the consumer for those services;

(11) A seller of consumer goods or services that provides services described in paragraph A, subparagraph (1), (2) or (3) in connection with a sale or proposed sale of consumer goods or services by that seller when the seller is not compensated by a consumer for those services; or

(12) An employee of a seller of consumer goods or services that provides services described in paragraph A, subparagraph (1), (2) or (3) in connection with a sale or proposed sale of consumer goods or services by that seller when the employee or seller is not compensated by a consumer for those services.

For the purposes of this paragraph, "affiliate" has the same meaning as defined in Title 9-B, section 131, subsection 1-A.

Sec. C-3. 9-A MRSA §11-119, sub-§4, ¶C, as enacted by PL 2001, c. 287, §18, is amended to read:

C. The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of Title 10, chapter 210 209-B;

Sec. C-4. 9-A MRSA §11-119, sub-§5, ¶O, as enacted by PL 2001, c. 287, §18, is amended to read:

O. The false representation or implication that a merchant operates or is employed by a consumer reporting agency, as defined by Title 10, section 1312 1308, subsection 4 3.

Sec. C-5. 9-B MRSA §161, sub-§2, ¶L, as amended by PL 2001, c. 262, Pt. B, §3, is further amended to read:

L. The exchange of financial records between a financial institution authorized to do business in this State or credit union authorized to do business in this State and a consumer reporting agency or between or among a financial institution authorized to do business in this State or credit union authorized to do business in this State and its subsidiaries, employees, agents or affiliates, including those permitted under Title 10, chapter 210 209-B or 15 United States Code, Chapter 41;

Sec. C-6. 24-A MRSA §2169-A, sub-§3, as enacted by PL 1997, c. 315, §27, is amended to read:

3. Information permitted under Fair Credit Reporting Act. Notwithstanding subsection 1, a lender or creditor may exchange insurance information with its affiliates as permitted under the Fair Credit Reporting Act pursuant to Title 10, chapter 210 209-B or 15 United States Code, Chapter 41.

Sec. C-7. 24-A MRSA §2169-B, sub-§1, ¶¶D and E, as enacted by PL 2003, c. 223, §1, are amended to read:

D. "Consumer report" has the same meaning as in Title 10, section 1312, subsection 3 15 United States Code, Section 1681a(d).

E. "Consumer reporting agency" has the same meaning as in Title 10, section 1312 1308, subsection 4 3.

Sec. C-8. 24-A MRSA §2169-B, sub-§2, as enacted by PL 2003, c. 223, §1, is amended to read:

2. Use of consumer reports. Notwithstanding this subsection, an insurer may use a consumer report as permitted under the Fair Credit Reporting Act pursuant to Title 10, chapter 210 209-B and 15 United States Code, Chapter 41. An insurer may use information obtained from a consumer reporting agency to calculate an insurance score for underwriting and rating purposes, except that an insurer may not:

A. Use an insurance score that is calculated using income, gender, address, zip code, ethnic group, religion, marital status or nationality of a consumer as a factor;

B. Deny, cancel or refuse to renew a policy of personal insurance solely on the basis of credit information without consideration of any other applicable underwriting factor independent of credit information and not expressly prohibited by paragraph A;

C. Base an insured's renewal rates for personal insurance solely upon credit information, without consideration of any other applicable factor independent of credit information;

D. Take an adverse action against a consumer solely because that consumer does not have a credit card account, without consideration of any other applicable factor independent of credit information;

E. Consider an absence of credit information, the number of inquiries or an inability to calculate an insurance score in underwriting or rating personal insurance unless the insurer has demonstrated to the superintendent that an absence of credit information, the number of inquiries or an inability to calculate an insurance score is a relevant factor to the risk underwritten or rated by the insurer and the insurer applies this factor in a manner approved by the superintendent; or

F. Take an adverse action against a consumer based on credit information unless an insurer obtains and uses a credit report issued or an insurance score calculated within 90 days before the date the policy is first written or renewal is issued.

Sec. C-9. 24-A MRSA §2169-B, sub-§4, ¶A, as enacted by PL 2003, c. 223, §1, is amended to read:

A. Notice to the consumer that an adverse action has been taken in accordance with the requirements of the Fair Credit Reporting Act pursuant to Title 10, chapter 210 209-B and 15 United States Code, Chapter 41; and

Sec. C-10. 24-A MRSA §2169-B, sub-§5, as enacted by PL 2003, c. 223, §1, is amended to read:

5. Dispute resolution and error correction. If it is determined through the dispute resolution process set forth in Title 10, section 1317 or 15 United States Code, Section 1681i(a)(5) that the credit information of a current insured was incorrect or incomplete and if the insurer receives notice of such determination from either the consumer reporting agency or from the insured, the insurer shall reunderwrite and rerate the consumer within 30 days of receiving the notice. After reunderwriting or rerating the insured, the insurer shall make any adjustments necessary, consistent with its underwriting and rating guidelines. If an insurer determines that the insured has overpaid premium, the insurer shall refund to the insured the amount of overpayment calculated back to the shorter of either the last 12 months of coverage or the actual policy period.

Sec. C-11. 24-A MRSA §2204, sub-§§6, 7 and 19, as enacted by PL 1997, c. 677, §3 and affected by §5, are amended to read:

6. Consumer report. "Consumer report" has the same meaning as in Title 10, section 1312, subsection 3 15 United States Code, Section 1681a(d).

7. Consumer reporting agency. "Consumer reporting agency" has the same meaning as in Title 10, section 1312 1308, subsection 4 3.

19. Investigative consumer report. "Investigative consumer report" has the same meaning as in Title 10, section 1312, subsection 7 15 United States Code, Section 1681a(e).

Sec. C-12. 24-A MRSA §2211, sub-§1, ¶A, as enacted by PL 1997, c. 677, §3 and affected by §5, is amended to read:

A. In the case of recorded personal information contained within a consumer report, provide the consumer with the name and address of the consumer reporting agency that furnished the report and notify the consumer of the rights under Title 10, section 1317 15 United States Code, Section 1681i; governing the correction of inaccurate personal information contained in a consumer report; or

Sec. C-13. 24-A MRSA §2212, sub-§1, ¶A, as enacted by PL 1997, c. 677, §3 and affected by §5, is amended to read:

A. Comply with Title 10, section 1320, subsection 1-B the federal Fair Credit Reporting Act, 15 United States Code, Section 1681 et seq., as amended, if the decision is based in whole or in part on any information contained in a consumer report;

Sec. C-14. 24-A MRSA §2908, sub-§7, as enacted by PL 1985, c. 671, §1, is amended to read:

7. Except as provided in Title 10, chapter 210 209-B, no insurer or licensed agent or employee of the insurer may be held liable in any civil action for statements made in a notice of cancellation or nonrenewal or at a hearing held under this section if the statements were made in good faith and, in the case of cancellation, are reasonably related to the grounds for cancellation.

Sec. C-15. 24-A MRSA §2923, as enacted by PL 1979, c. 112, §1, is amended to read:

§ 2923. Nonliability for certain statements

1. Notices. Except as provided in Title 10, chapter 210 209-B, no insurer or licensed agent or employee of the insurer may be held liable in any civil action for statements made in a notice of cancellation or intent not to renew under this chapter if:

A. The statements were made in good faith;

B. The statements are reasonably related to the reason for cancellation or intent not to renew; and

C. In the case of a notice of cancellation, the reason for cancellation is a reason permitted under section 2914.

2. Hearings. Except as provided in Title 10, chapter 210 209-B, no person may be held liable in any civil action for statements made or information given at a hearing held under this chapter if:

A. The statements were made or the information was given in good faith;

B. The statements or the information are reasonably related to the reason for cancellation or intent not to renew; and

C. In the case of a hearing held on a notice of cancellation, the reason for cancellation is a reason permitted under section 2914.

Sec. C-16. 24-A MRSA §3007, sub-§7, as enacted by PL 1985, c. 671, §2, is amended to read:

Sec. C-17. 24-A MRSA §3056, as enacted by PL 1979, c. 112, §2, is amended to read:

§ 3056. Nonliability for certain statements

A. The statements were made in good faith;

B. The statements are reasonably related to the reason for cancellation or intent not to renew; and

C. In the case of a notice of cancellation, the reason for cancellation is a reason permitted under section 3049.

2. Hearings. Except as provided in Title 10, chapter 210 209-B, no person may be held liable in any civil action for statements made or information given at a hearing held under this chapter if:

A. The statements were made or the information was given in good faith;

B. The statements or the information are reasonably related to the reason for cancellation or intent not to renew; and

C. In the case of a hearing held on a notice of cancellation, the reason for cancellation is a reason permitted under section 3049.

Sec. C-18. 32 MRSA §11013, sub-§1, ¶C, as enacted by PL 1985, c. 702, §2, is amended to read:

C. The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of Title 10, chapter 210 209-B;

Sec. C-19. 32 MRSA §11013, sub-§2, ¶P, as enacted by PL 1985, c. 702, §2, is amended to read:

P. The false representation or implication that a debt collector operates or is employed by a consumer reporting agency, as defined by Title 10, section 1312 1308, subsection 4 3.

Sec. C-20. 32 MRSA §11013, sub-§4, as enacted by PL 1991, c. 453, §8 and affected by §10, is amended to read:

4. Reporting to consumer reporting agency. A debt collector may not report solely in its own name any credit or debt information to a consumer reporting agency, as defined by Title 10, section 1312 1308, subsection 4 3.

Sec. C-21. 36 MRSA §558-A, sub-§2, as enacted by PL 2007, c. 687, §1, is amended to read:

2. Effect on credit rating. If a party prevails in an action filed under subsection 1 and a record of a lien in that party's name has been placed in that party's file with a consumer reporting agency, that lien must be considered inaccurate information under Title 10, section 1317 15 United States Code, Section 1681i if the party requesting relief submits a copy of the court judgment and proof of payment of the lien to the consumer reporting agency.

Sec. C-22. 36 MRSA §943-B, as enacted by PL 2009, c. 489, §4, is amended to read:

§ 943-B. Credit reporting; payment during redemption period

If a municipality takes action under sections section 942 or 943 to enforce a lien in effect pursuant to chapter 908-A that results in a record of a lien in a party's name being placed in that party's file with a consumer reporting agency, that lien must be considered inaccurate information under Title 10, section 1317 15 United States Code, Section 1681i if the party submits proof to the consumer reporting agency that the deferred taxes were paid during the 18-month redemption period provided for in section 943.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved, except as otherwise indicated.

SUMMARY

Part A does the following.

Section 1 corrects a conflict created by Public Law 2013, chapters 110 and 307, which affected the same provision of law. This section repeals the provision and replaces it with the chapter 307 version.

Section 2 corrects a conflict created when Public Law 2013, chapter 368 amended the Maine Revised Statutes, Title 5, section 933, subsection 1, paragraph O and chapter 405 repealed the paragraph. This section corrects the conflict by repealing Title 5, section 933, subsection 1, paragraph O.

Section 3 corrects a conflict created by Public Law 2013, chapters 368 and 405, which affected the same provision of law. This section repeals the provision and replaces it with the chapter 405 version.

Section 4 corrects a conflict created when Public Law 2013, chapter 405, Part A, section 6 repealed Title 5, section 935, subsection 1, paragraph D and Public Law 2013, chapter 405, Part C, section 2 amended the paragraph. This section corrects the conflict by repealing Title 5, section 935, subsection 1, paragraph D.

Section 5 removes a reference to a repealed provision of law.

Section 6 corrects a clerical error.

Section 7 repeals a reference to the Advisory Committee on Bias-based Profiling by Law Enforcement Officers and Law Enforcement Agencies, which was eliminated in 2012.

Section 8 removes language that refers to a repealed provision of law and makes a technical correction.

Sections 9 and 10 correct cross-references.

Section 11 corrects a clerical error.

Sections 12, 13 and 14 replace the word "division" with "bureau" to reflect the changing of the names of the Division of Forestry and the Division of Parks and Public Lands to the Bureau of Forestry and the Bureau of Parks and Lands by Public Law 2013, chapter 405, Part A, sections 23 and 24.

Section 15 replaces the term "Division of Forestry" with "Bureau of Forestry," the term "Division of Parks and Public Lands" with "Bureau of Parks and Lands" and the word "division" with "bureau" to reflect the reorganization of certain divisions of the Department of Agriculture, Conservation and Forestry into bureaus by Public Law 2013, chapter 405.

Section 16 corrects a conflict created by Public Law 2013, chapters 8 and 9, which affected the same provision of law, by incorporating the changes made by both laws.

Sections 17 and 18 correct cross-references.

Sections 19 and 25 correct a conflict created when Public Law 2013, chapter 280 amended Title 12, section 11852 and Public Law 2013, chapter 408 repealed Title 12, section 11852 and enacted Title 12, section 10105, subsection 15. These sections correct the conflict by repealing Title 12, section 11852 and amending Title 12, section 10105, subsection 15 to reflect the changes made by Public Law 2013, chapter 280.

Sections 20 and 21 correct a conflict created by Public Law 2013, chapters 185 and 408, which affected the same provision of law, by incorporating the changes made by both laws.

Section 22 corrects a cross-reference.

Section 23 corrects a conflict created by Public Law 2013, chapters 213 and 408, which affected the same provision of law, by incorporating the changes made by both laws.

Section 24 removes a cross-reference to a repealed provision of law.

Section 26 corrects a conflict created by Public Law 2013, chapters 247 and 286, which affected the same provision of law, by incorporating the changes made by both laws.

Section 27 corrects a conflict created by Public Law 2013, chapters 3 and 73, which affected the same provision of law, by incorporating the changes made by both laws.

Section 28 corrects a conflict created when Public Law 2013, chapter 133 amended Title 15, section 3003, subsection 17 and chapter 234 repealed the subsection. This section corrects the conflict by repealing Title 15, section 3003, subsection 17.

Section 29 corrects a conflict created by Public Law 2013, chapters 194 and 328, which affected the same provision of law, by incorporating the changes made by both laws.

Section 30 corrects a conflict created by Public Law 2013, chapter 267, Parts A and B. Part A repealed Title 16, chapter 3, subchapter 8, which includes section 614, and Part B amended section 614. This section corrects that conflict by repealing section 614.

Sections 31 and 32 correct cross-references.

Section 33 corrects a conflict created by Public Law 2013, chapters 368 and 418, which affected the same provision of law, by incorporating the changes made by both laws.

Section 34 corrects a conflict created by Public Law 2013, chapters 131 and 173, which affected the same provision of law, by incorporating the changes made by both laws.

Section 35 makes a clerical correction to provide consistent terminology.

Sections 36 and 37 remove references to a repealed provision of law.

Section 38 corrects a cross-reference.

Section 39 corrects a conflict created by Public Law 2013, chapters 371, 393 and 396, which affected the same provision of law, by incorporating the changes made by all 3 laws and makes a technical correction.

Sections 40 and 41 make technical corrections.

Section 42 corrects a conflict created by Public Law 2013, chapters 252 and 323, which affected the same provision of law. This section repeals the provision and replaces it with the chapter 252 version.

Section 43 repeals Title 22, section 2514, subsection 1, paragraph G-1, which was enacted by Public Law 2013, chapters 252 and 323. Public Law 2013, chapter 304 enacted Title 22, section 2514, subsection 1, paragraph M with the same language as is contained in paragraph G-1. This section repeals paragraph G-1 to eliminate the redundancy.

Sections 44 and 45 correct an error created when Public Law 2013, chapters 252 and 323 enacted substantially similar provisions with different section numbers by amending Title 22, section 2514-A to include language from section 2515 and repealing section 2515.

Section 46 corrects a conflict created by Public Law 2013, chapters 304 and 323, which affected the same provision of law, by incorporating changes made by both laws. This section also adds language that was inadvertently omitted from a committee amendment and corrects a cross-reference.

Section 47 corrects a conflict created by Public Law 2013, chapters 252 and 323, which affected the same provision of law, by incorporating the changes made by both laws and providing appropriate cross-references.

Section 48 corrects technical errors.

Section 49 corrects a cross-reference.

Section 50 corrects a formatting error and updates grammatical usage.

Section 51 makes a technical correction by adding a word that was inadvertently omitted.

Section 52 corrects a clerical error and makes grammatical changes.

Sections 53 and 54 correct a clerical error.

Section 55 corrects a conflict created by Public Law 2013, chapters 133 and 147, which affected the same provision of law, by incorporating the changes made by both laws.

Section 56 corrects a conflict created by Public Law 2013, chapters 269 and 368, which affected the same provision of law, by incorporating the changes made by both laws. Section 57 provides an effective date of July 1, 2014.

Section 58 corrects a conflict created by Public Law 2013, chapters 269 and 368, which affected the same provision of law, by incorporating the changes made by both laws. Section 59 provides an effective date of July 1, 2014.

Section 60 corrects a conflict created by Public Law 2013, chapters 269 and 368, which affected the same provision of law, by incorporating the changes made by both laws. Section 61 provides an effective date of July 1, 2014.

Section 62 corrects a conflict created when Public Law 2013, chapter 269 repealed Title 28-A, section 606, subsection 4 and Public Law 2013, chapter 368 amended the subsection. This section corrects the conflict by repealing Title 28-A, section 606, subsection 4. Section 63 provides an effective date of July 1, 2014.

Section 64 corrects a conflict created by Public Law 2013, chapters 269 and 368, which affected the same provision of law, by incorporating the changes made by both laws. Section 65 provides an effective date of July 1, 2014.

Section 66 corrects a conflict created by Public Law 2013, chapters 345 and 351, which affected the same provision of law, by incorporating the changes made by both laws.

Section 67 corrects a clerical error.

Section 68 changes references to the minimum number of hours of driving a person under 21 years of age must have completed before that person may apply for a driver's license to reflect the change to the minimum number of hours of driving required made in Public Law 2013, chapter 381.

Section 69 corrects a cross-reference.

Sections 70, 71, 72 and 73 correct clerical errors.

Section 74 corrects a conflict created by Public Law 2013, chapter 217, Part H, section 2 and Part K, section 10, which affected the same provision of law, by incorporating the changes made by both Parts.

Public Law 2013, chapter 180 repealed Title 32, section 13902 and enacted Title 32, section 18211, which incorporates the content of section 13902. Chapter 246 amended Title 32, section 13902, subsection 4 to remove the language establishing a quorum. Section 75 amends Title 32, section 18211, subsection 4 to reflect the intent of chapter 246.

Section 76 corrects a conflict created by Public Law 2013, chapters 267 and 424, which affected the same provision of law. This section repeals the provision and replaces it with the chapter 267 version.

Section 77 corrects a cross-reference.

Section 78 corrects a clerical error.

Section 79 corrects a conflict created by Public Law 2013, chapters 331 and 368, which affected the same provision of law, by incorporating the changes made by both laws. Section 80 provides that the changes apply to tax years beginning on or after January 1, 2014.

Section 81 corrects a conflict created by Public Law 2013, chapter 368, Part Q, section 11 and Part TT, section 19, which affected the same provision of law, by incorporating the changes made by both sections.

Section 82 corrects cross-references.

Section 83 corrects a conflict created by Public Law 2013, chapters 369 and 415, which affected the same provision of law, by incorporating the changes made by both laws.

Section 84 repeals an application section of a public law that makes an internal cross-reference to a section of the original legislative document that was never enacted into law.

Part B makes technical changes to the law to reflect the reorganization of the administration of the liquor laws made by Public Law 2013, chapter 368, Part V.

Part C corrects cross-references pursuant to Public Law 2013, chapter 228, section 3. Public Law 2013, chapter 228 repealed Title 10, chapter 210, the Fair Credit Reporting Act, and enacted a new Fair Credit Reporting Act as Title 10, chapter 209-B. Public Law 2013, chapter 228, section 3 directs the Revisor of Statutes to include in the errors and inconsistencies bill any sections necessary to correct and update any cross-references in the statutes to provisions of law repealed by the chapter.

HP1323 LD 1841	Session - 126th Maine Legislature		LR 2731 Item 1
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